However, any and all of the BATFE agents who knowingly and willingly participated in allowing (and encouraging, and facilitating) the illegal sales of the firearms used and the transportation of those firearms across an international border contrary to U.S. law, Mexican law, and international law, most assuredly should be charged with conspiracy to commit various firearms offenses; with being an accessory to various firearms offenses; with aiding and abetting the commission of various firearms offenses; and possibly with being accessories to the murder of Agent Terry.
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Re the above, yes, they certainly should be, and then re the following,

They should NOT be allowed to hide behind "the Agency told me to do it, I was only following orders." That approach was discredited at Nuremberg, it should not be allowed here in the U.S. Further, if any of the BATFE people involved were ever in the military, they should know that under the UCMJ a soldier not only does not have to follow an unlawful order, he/she is required to disobey the unlawful order and to report it up the chain of command.
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They most likely will be, which strikes me as rather sad, possibly displaying a failing of understanding on my part.